PREMIER LEAGUE

PREMIER LEAGUE PREMIER LEAGUE

15.05.2013 Views

SECTION W: DISCIPLINARY W.9. The Board shall exercise its summary jurisdiction by giving notice in Form 34 to the Club or person allegedly in breach. W.10. Within 14 days of the date of a notice in Form 34 the Club or person to whom it is addressed may either: W.10.1. submit to the Board’s jurisdiction and pay the fine imposed; or W.10.2. elect to be dealt with by a Commission. W.11. Failure to comply with the requirement contained in a notice in Form 34 shall constitute a breach of these Rules. Provision of Information Old Rule W.12. It shall be no answer to a request from the Board to disclose documents or information pursuant to Rule W.1 that such documents or information requested are confidential. All Clubs and Persons subject to these Rules must ensure that any other obligations of confidentiality assumed are made expressly subject to the League’s right of inquiry under these Rules. No Club or Person shall be under an obligation to disclose any documents rendered confidential by either the order of a court of competent jurisdiction or by statute or statutory instrument. R.12 W.13. All persons who are requested to assist pursuant to Rule W.1 shall provide full, complete and prompt assistance to the Board in its exercise of its power of Inquiry The Panel Old Rule W.14. Subject in each case to the approval of Clubs in General Meeting, the Board shall establish a panel of such number of persons as it shall think fit (“the Panel”) each of whom shall be eligible to sit as either: W.14.1. a member of an appeal tribunal appointed under the provisions of Rule E.38 or Rule F.16; or W.14.2. a member of a Commission; or W.14.3. in the case of an arbitration under Rules P.18 and Section Y of these Rules, as a member of a Managers’ Arbitration Tribunal; or W.14.4. in the case of an arbitration under Section X of these Rules (Arbitration), as a member of an arbitral tribunal. R.14 W.15. The Panel shall include: W.15.1. authorised insolvency practitioners eligible under Rule E.38 to sit as a member of an appeal tribunal appointed thereunder; and W.15.2. legally qualified persons eligible: W.15.2.1. under Rule E.38 or Rule F.16 to sit as chairmen of appeal tribunals appointed thereunder; or W.15.2.2. under Rule Y.7 to sit as chairmen of Managers’ Arbitration Tribunals; or W.15.2.3. under Rule W.21 to sit as chairmen of Commissions; or R.9 R.10 R.11 R.13 R.15 189 PREMIER LEAGUE RULES: SECTION W

PREMIER LEAGUE RULES: SECTION W SECTION W: DISCIPLINARY W.15.2.4. under Rule X.12 as chairmen of arbitral tribunals other than Managers’ Arbitration Tribunals; or W.15.2.5. under Rule X.16 as a single arbitrator; and persons who have held judicial office eligible under Rule W.60 to sit as chairmen of Appeals Boards. W.16. The Panel shall not include members of the Board or Officials but may include members of the Council of the Football Association who are not Officials. W.17. Subject to Rules W.18 and W.19, the term of office of each member of the Panel shall be 3 years (and for the avoidance of doubt at the end of that term a member of the Panel may be re-appointed as such pursuant to Rule W.14). W.18. A member of the Panel appointed for any purpose provided by these Rules may continue to act on the matter for which he was so appointed notwithstanding that his term of office has expired pursuant to Rule W.17 since his appointment. W.19. Subject to Rule W.20, the term of office of a member of the Panel shall be terminated by the Board forthwith if: W.19.1. he is or becomes subject to any of the matters set out in Rule F.1; or W.19.2. circumstances exist that give rise to justifiable doubts as to whether he can discharge the duties of a member of the Panel impartially; or W.19.3. he is physically or mentally incapable of discharging the duties of a member of the Panel; or W.19.4. he has refused or failed: W.19.4.1. properly to conduct proceedings pursuant to these Rules; or W.19.4.2. to use all reasonable dispatch in conducting such proceedings; and in either case substantial injustice has as a result been caused to a party to such proceedings. W.20. If a member of the Panel whose term of office is terminated by the Board pursuant to Rule W.19 wishes to challenge that termination, he may do so solely by way of commencing arbitration proceedings pursuant to Rule X.6. Appointing a Commission Old Rule W.21. A Commission shall be appointed by the Board and shall comprise 3 members of the Panel of whom one, who shall be legally qualified, shall sit as chairman of the Commission. R.17 Commission Procedures Old Rule W.22. The parties to proceedings before a Commission shall be: W.22.1. the Board; and W.22.2. the Club, Manager, Match Official, Official or Player allegedly in breach of these Rules (“the Respondent”). R.18 W.23. Proceedings shall be commenced by complaint which shall be drafted by or on behalf of the Board. 190 R.16 R.19

SECTION W: DISCIPLINARY<br />

W.9. The Board shall exercise its summary jurisdiction by giving notice in Form 34 to<br />

the Club or person allegedly in breach.<br />

W.10. Within 14 days of the date of a notice in Form 34 the Club or person to whom it is<br />

addressed may either:<br />

W.10.1. submit to the Board’s jurisdiction and pay the fine imposed; or<br />

W.10.2. elect to be dealt with by a Commission.<br />

W.11. Failure to comply with the requirement contained in a notice in Form 34 shall<br />

constitute a breach of these Rules.<br />

Provision of Information Old Rule<br />

W.12. It shall be no answer to a request from the Board to disclose documents or<br />

information pursuant to Rule W.1 that such documents or information requested<br />

are confidential. All Clubs and Persons subject to these Rules must ensure that<br />

any other obligations of confidentiality assumed are made expressly subject to<br />

the League’s right of inquiry under these Rules. No Club or Person shall be under<br />

an obligation to disclose any documents rendered confidential by either the order<br />

of a court of competent jurisdiction or by statute or statutory instrument.<br />

R.12<br />

W.13. All persons who are requested to assist pursuant to Rule W.1 shall provide full,<br />

complete and prompt assistance to the Board in its exercise of its power of Inquiry<br />

The Panel Old Rule<br />

W.14. Subject in each case to the approval of Clubs in General Meeting, the Board shall<br />

establish a panel of such number of persons as it shall think fit (“the Panel”) each<br />

of whom shall be eligible to sit as either:<br />

W.14.1. a member of an appeal tribunal appointed under the provisions of Rule<br />

E.38 or Rule F.16; or<br />

W.14.2. a member of a Commission; or<br />

W.14.3. in the case of an arbitration under Rules P.18 and Section Y of these Rules,<br />

as a member of a Managers’ Arbitration Tribunal; or<br />

W.14.4. in the case of an arbitration under Section X of these Rules (Arbitration),<br />

as a member of an arbitral tribunal.<br />

R.14<br />

W.15. The Panel shall include:<br />

W.15.1. authorised insolvency practitioners eligible under Rule E.38 to sit as a<br />

member of an appeal tribunal appointed thereunder; and<br />

W.15.2. legally qualified persons eligible:<br />

W.15.2.1. under Rule E.38 or Rule F.16 to sit as chairmen of appeal tribunals<br />

appointed thereunder; or<br />

W.15.2.2. under Rule Y.7 to sit as chairmen of Managers’ Arbitration<br />

Tribunals; or<br />

W.15.2.3. under Rule W.21 to sit as chairmen of Commissions; or<br />

R.9<br />

R.10<br />

R.11<br />

R.13<br />

R.15<br />

189<br />

<strong>PREMIER</strong> <strong>LEAGUE</strong> RULES: SECTION W

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